Release and Waiver of Liability and Indemnity Agreement
In consideration of being permitted to participate in the Cardinal Kids After School Program (hereinafter “Cardinal Kids”), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. I fully understand and acknowledge that:
a. There are risks and dangers associated with participation in Cardinal Kids which could result in bodily injury, partial or total disability, or death;
b. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below; and
c. There may be other risks not known and are not reasonably foreseeable.
2. I accept and assume such risks and responsibility for the losses and/or damages described above, whether caused in whole or in part by the negligence of the Releasees named below.
3. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Cardinal Kids as a whole or any caregiver individually.
4. I HEREBY acknowledge that the DYS faculty may administer the appropriate response to an injury, however I assume and acknowledge any INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
5. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the United States and the laws of the State of Texas and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
6. On behalf of the minor participant, the undersigned parent(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the minor participant or the undersigned makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) agree that any matter shall be resolved via binding arbitration in the State of Texas. An award of arbitration may be confirmed in a court of competent jurisdiction.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND UNCONDITIONAL RELEASE DYS OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Please E-sign understanding and acceptance of this Release and Waiver of Liability and Indemnity Agreement at the end of the Cardinal Kids Registration Form.